Limited introduction of police record certificates for UK visas

[ThaiVisaExpress]

The UK government has announced a "trial" of police record certificates, from September, for applicants of Investor or Entrepreneur visas only.

Under a trial scheme, everyone applying for certain visas to come to Britain will have to provide proof of criminal record checks or will be refused entry.

Nearly 30,000 migrants arrested in Britain over the past year had a criminal background in their own country.

Figures from criminal records office Acro show that out of 190,000 foreign nationals arrested here in the past 12 months, fewer than half had their past checked by UK police forces.

But now those who apply for investor or entrepreneur visas and their dependents will have to provide criminal record certificates for every country they have lived in over the past 10 years.

From September, anyone unable to provide this proof will have their visa refused and those found to have lied on their application will be banned from entering the UK for 10 years.

The initiative will be extended to other types of visa from next year, depending on the success of the scheme.

Immigration minister James Brokenshire said yesterday: “Foreign criminals have no place in the United Kingdom and this scheme will help keep them out.

“Since 2010, checks on foreign nationals going through the UK criminal justice system have increased by more than 1,000 per cent, helping ensure more foreign criminals are taken off our streets and making our communities safer.

“But we want to go further still by preventing these people getting into the country in the first place.

“Mandatory police certificates will serve as an additional tool to help us achieve this.”

The crackdown will not apply to EU nationals because of freedom of movement rights.

I have little doubt that it will be extended to settlement visas soon.

Tony M

[Donutz]

That's going to be jolly good fun for those who lived in 2-3 or more countries in the last decade. Even more so if you would need to apply for duch documents in person (going to cost you time and money for a simple piece of paper) or if the police or justice department will not issue such papers to anyone who is not a resident anymore. But I guess eveything is fair game for the administration if they think they can keep a few bad people out this way and appear to be though on unwanted immigrants.

[ThaiVisaExpress]

Some Thai visa applicants are already aware of the procedures for this, as they need the same certificate for an Australian settlement visa.

Tony M

[bobrussell]

I suspect the British government have been more than a little embarrassed to have issued visas to dodgy people, only to find out when they offend in the UK.

Sadly I doubt they will be much good at checking the information for reliability! The value of certificates depend, somewhat, on the authorities issuing them!

Not that bad an idea though IMO.

[theoldgit]

I suspect the British government have been more than a little embarrassed to have issued visas to dodgy people, only to find out when they offend in the UK.

This story was in the Daily Mail this morning and they made that very point, the story went on to highlight some immigrants who had murdered youngsters, adding that if the new rule had been in place already it wouldn't have prevented the offences as they were carried out by EU Nationals who will not need police clearance.

[7by7]

Can't find any official figures later than 2009; but from the Daily Mail, April 2014;

As can bee seen, the vast majority of foreign criminals in the UK are from other EEA countries, and EEA nationals are exempt from this.

Which leads me to conclude that, whilst in principle this is a good idea, in reality it's yet another attempt by this government to convince the British public that they are 'doing something' about the problems of immigration!

[fbf]

Some Thai visa applicants are already aware of the procedures for this, as they need the same certificate for an Australian settlement visa.

What is the general experience? Is it reasonably easy to get the necessary certificate (perhaps a trip to the MFA or similar?)

It does seem the effect of this policy could vary considerably depending on the nationality of the applicant, the relevant procedures in their country and the willingness for the UK government to trust any police report.

I also wonder, looking perhaps a bit too far ahead, if they will apply it retrospectively to FLR or ILR applicants who were already granted leave settle in the UK.

[bobrussell]

Is it unreasonable to ask all EEA/EU citizens to obtain police record certificates before offering EEA permits? The UK seem perfectly happy to ignore other aspects of EU law! They ask questions on family permit applications that they are specifically prohibited to ask!

I actually believe this may be completely legal as one of the few reasons allowed to refuse to allow someone in from an EEA country is where it is considered not conducive to the public good.

Have you had any criminal convictions, if so give details?

A convicted murderer coming to the UK may not be conducive to the national good! US citizens are not automatically admissible to Canada if they have a criminal record. They can apply for 'rehabilitation' and be considered for admission then. Shows it can be done!

[durhamboy]

Conversely, does the UK police force issue certificates for UK citizens wishing to live abroad? Some years ago I went to live in The Philippines and the Filipinos wanted a UK Police Clearance from me but I recall I wasn't able to get one.

[theoldgit]

Conversely, does the UK police force issue certificates for UK citizens wishing to live abroad? Some years ago I went to live in The Philippines and the Filipinos wanted a UK Police Clearance from me but I recall I wasn't able to get one.

Yes the UK Police do issue certificates, though they are not called Police Clearance Certificates, they just record convictions.

A EU National can be refused admission to the UK and it does happen.

[Craig krup]

It'll be a bit of a nuisance if you come from a country where police action is designed to punish you because you've annoyed the government. I mean, what does a conviction from a Russian or Burmese court actually prove - that you annoyed somebody powerful?

The UK government is doing stupid things - like preventing Asian restaurants getting the skilled chefs they need - in order to try and reduce immigration figures which are almost entirely the result of EU migration. A bit like constantly painting a car when the engine, gearbox and suspension are the problem.

[bobrussell]

I would like to think the government would be aware of the usefulness of a criminal records check by certain countries. Sadly I am not convinced there is anyone at UKVI that is thinking at all!

Tick the box, tick the box, tick the box ...........

[theoldgit]

I would like to think the government would be aware of the usefulness of a criminal records check by certain countries. Sadly I am not convinced there is anyone at UKVI that is thinking at all!

Tick the box, tick the box, tick the box ...........

In a previous life, as a Civil Servant, one of the areas within my remit was to ensure that any potential new staff, including those from overseas, had a proper background check, that check included police reports. We would accept police reports from a number of overseas countries, Thailand was not one of those countries, it certainly wasn't a tick box exercise.

I suspect that checks for UK visas will not be as vigorous, maybe they should be, but we need to bear in mind that many nationalities don't need a visa to simply visit the UK.

[bobrussell]

In previous lives, civil servants had a hierarchy. Juniors were monitored by those more senior.

I suspect civil servants are under more pressure, a lot of senior (read expensive) staff have gone and been replaced by checklists completed by less experienced members of staff .

I remember the days when you got a reply from government departments when you made an enquiry. May not have been the one you wanted but at least there was a response.

[durhamboy]

Conversely, does the UK police force issue certificates for UK citizens wishing to live abroad? Some years ago I went to live in The Philippines and the Filipinos wanted a UK Police Clearance from me but I recall I wasn't able to get one.

Yes the UK Police do issue certificates, though they are not called Police Clearance Certificates, they just record convictions.

A EU National can be refused admission to the UK and it does happen.

Thanks OG, maybe I framed my request wrongly. Can't remember now! You say that they just record convictions, so if you have no convictions in the UK do they certify as such? Or do they issue a "no convictions in the UK to our knowledge" type certificate?

[Eff1n2ret]

Conversely, does the UK police force issue certificates for UK citizens wishing to live abroad? Some years ago I went to live in The Philippines and the Filipinos wanted a UK Police Clearance from me but I recall I wasn't able to get one.

Yes the UK Police do issue certificates, though they are not called Police Clearance Certificates, they just record convictions.

A EU National can be refused admission to the UK and it does happen.

Thanks OG, maybe I framed my request wrongly. Can't remember now! You say that they just record convictions, so if you have no convictions in the UK do they certify as such? Or do they issue a "no convictions in the UK to our knowledge" type certificate?

The certificate/letter issued to me 6 years ago is headed "ACPO Criminal Records Office Authentic Document", names my local county force as "Originating Police Force" (to whom I submitted the request) and reads as follows:-

"Dear Mr X,

Section 7, Data Protection Act, 1998 - Subject Access

In reply to your request for information that may be held about you on the Police National Computer.

The Data Protection Act places an obligation on the Police when holding personal information on computer to provide a copy of that information (unless exemption applies) to the individual concerned on request.

From the personal details supplied in your request there is no information held about you on the Police National Computer.

If you requested any information in addition to what is held on the Police National Computer, the Originating Police Force as above will send you a separate reply."

There is an 'NB' about exemptions from disclosure for the prevention of crime and apprehension or prosecution of offenders. Presumably if someone was subject to such an exemption they would just say they were unable to disclose the information they hold.

[OJAS]

Conversely, does the UK police force issue certificates for UK citizens wishing to live abroad? Some years ago I went to live in The Philippines and the Filipinos wanted a UK Police Clearance from me but I recall I wasn't able to get one.

Yes the UK Police do issue certificates, though they are not called Police Clearance Certificates, they just record convictions.

A EU National can be refused admission to the UK and it does happen.

Thanks OG, maybe I framed my request wrongly. Can't remember now! You say that they just record convictions, so if you have no convictions in the UK do they certify as such? Or do they issue a "no convictions in the UK to our knowledge" type certificate?

The certificate/letter issued to me 6 years ago is headed "ACPO Criminal Records Office Authentic Document", names my local county force as "Originating Police Force" (to whom I submitted the request) and reads as follows:-

"Dear Mr X,

Section 7, Data Protection Act, 1998 - Subject Access

In reply to your request for information that may be held about you on the Police National Computer.

The Data Protection Act places an obligation on the Police when holding personal information on computer to provide a copy of that information (unless exemption applies) to the individual concerned on request.

From the personal details supplied in your request there is no information held about you on the Police National Computer.

If you requested any information in addition to what is held on the Police National Computer, the Originating Police Force as above will send you a separate reply."

There is an 'NB' about exemptions from disclosure for the prevention of crime and apprehension or prosecution of offenders. Presumably if someone was subject to such an exemption they would just say they were unable to disclose the information they hold.

I was issued with a similar document in connection with my original OA visa application to the Royal Thai Embassy in London in 2008. It is officially called a "Subject Access" disclosure. Info as to how you go about getting one is on the ACRO website at https://www.acro.police.uk/subject_access.aspx